1. Foreword
This Affiliate Agreement (the "Agreement") contains the terms and conditions that apply to your participation in the Huion Affiliate Program (the "Program").
Please read this Agreement carefully. By clicking "I accept" or by participating in the Program, you represent that you ("Affiliate" or "you" or "your") have read, fully understand and agree to the terms of this Agreement with Shenzhen Huion Animation Technology Co., Ltd. , doing business as huion.com, store.huion.com ("HUION" or “Huion” or "we" or "us" or "our"). In addition, if this Agreement is being executed on behalf of a legal entity, you represent and warrant that you are authorized to legally bind that entity to this Agreement. If you do not agree to these terms, do not participate in the Program.
If you have any questions about Huion Affiliate Program, please feel free to contact us at affiliate@huion.com.
2. Terms and Definitions
Customer: The user sent to The Company site via affiliate link
Affiliate / You: The publisher advertising links/promotions of The Company
We / Our / Us: Shenzhen Huion Animation Technology Co., Ltd. / Huion
3. Enrollment
In order to apply for enrollment into this Program, you must first sign up as an affiliate of Shareasale.com, Inc., an Illinois corporation ("Shareasale.com") and you must agree to Shareasale.com's Affiliate Service Agreement (the "Shareasale.com Agreement"), the terms of which are hereby incorporated by reference.
You may apply to participate in the Program by providing all the information required by Shareasale.com in connection with becoming a Shareasale.com affiliate and by accepting the terms of this Agreement. After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. We reserve the right to accept or reject your application in our sole discretion; however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision. If your application is accepted, you may obtain such discounts and affiliate commissions as are offered pursuant to this Program for so long as this Agreement is not terminated.
4. Trademark Policy
Upon acceptance into the Program, Huion grants you a limited, non-exclusive, revocable, royalty-free right to use the Trademarks of Huion during the term of this Agreement solely to in connection with your participation in the Program, provided that you shall not: (a) use the Trademarks in any manner to communicate or suggest any sponsorship or other connection between Huion and you other than your participation in the Program, and (b) harm or adversely affect the Trademarks or the goodwill associated with the Trademarks. All promotional messaging and materials used by you containing such Trademarks shall be subject to Huion’s prior written approval. Except for the limited license provided in this Agreement, Huion reserves all rights in and to the Trademarks and the goodwill associated therewith. All uses of the Trademarks by you shall inure to the benefit of Huion. You shall not acquire, directly or by implication, any rights or license in the Trademarks except as expressly provided in this Agreement. Your right to use the Trademarks will terminate immediately if you violates any of the terms of this Agreement. For purposes of this Agreement, "Trademarks" means "Huion," "HUION,” “huion.com,” “store.huion.com,” the Huion logo and such other names, logos, trade names, trademarks, service marks, trade dress, design marks, brands, copyrights in any designs and other copyrightable subject matter, and other product identifiers of Huion as Huion may from time to time notify you to be Trademarks within the meaning of this Agreement.
5. Website Restrictions
Your participating website(s) ("Your Website") may not:
1) Infringe on our or any anyone else's intellectual property, publicity, privacy or other rights.
2) Violate any law, rule or regulation.
3) Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contain nudity, pornography or sexually explicit materials.
4) Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
5) Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
6) Mislead customers as to the products or services available on Your Website or on the Huion website, located at huion.com and store.huion.com (the "Huion Site").
6. Linking to Our Website
Upon acceptance into the Program, links will be made available to you through the Shareasale.com affiliate website. Your acceptance in our Program means you agree to abide by the following:
1) You will only use linking code obtained from the Shareasale.com affiliate website without manipulation.
2) All domains that use your affiliate link must be listed in your affiliate profile on the Shareasale.com affiliate website.
3) Affiliates may not advertise our products on websites that they do not own, including, for instance, Google Product Search, Amazon, eBay or any comparison shopping engines such as Shopzilla or Pricegabber.
4) Your Website will not in any way copy, resemble, or mirror the look and feel of the Huion Site. You will also not use any means to create the impression that Your Website is the Huion Site or any part of the Huion Site including, without limitation, framing the Huion Site in any manner.
5) You may not engage in cookie stuffing or include pop-ups, false or misleading links on Your Website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
6) You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.
7) You may not create any links that lead the customer to a destination site that is not clearly suggested by the content of the starting site.
8) You may not create affiliate tracking links that also contain a tracking link for other referral programs ("Other Referral Programs"). Affiliates are permitted to participate in either the Program or Other Referral Programs but individual links must be specific and exclusive to one of the programs. By participating in this Program, you agree not to claim commission or credit from both the Program and from our Other Referral Programs for the same user.
9) You may not use your affiliate links to claim commissions for your own purchases on store.huion.com.
7. Pay-per-Click ("PPC") Guidelines
If you are enrolled in this Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
1) You may not bid on any of our Trademarks, as defined in Section 5, including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo or any other network.
2) You may not use our Trademarks in sequence with any other keyword.
3) You may not use our Trademarks in your ad title, ad copy, display name or as the display URL.
4) You may not direct link to the Huion Site from any PPC ad or use redirects that yield the same result. Affiliates must be directed to an actual page on Your Website.
5) You may not bid in any manner appearing higher than Huion for any search term in position 1-5 in any auction style PPC advertising program.
6) If you automate your PPC campaigns, it is your responsibility to exclude our Trademarks from your PPC advertising program and we strongly suggest you add our Trademarks as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. If you engage in PPC trademark bidding that uses our Trademarks, we may terminate your participation in the Program immediately.
8. Coupon Guidelines
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
1) You may ONLY advertise coupon codes that are provided to you through the Program or that are displayed on the Huion Site. Posting any information about how to work around the requirements of a coupon/promotion (i.e. first time customers only) will result in your removal from the Program. Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
2) You may NOT use any technology that covers up the coupon code and generates an affiliate click by revealing the code(s).
3) You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other advertising campaign.
4) You may NOT give the appearance that any ongoing offer requires clicking from Your Website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from Your Website to get this deal.
5) Additionally, if (a) Your Website ranks on the first page of Google ad results for terms related to Huion combined with the words coupon, coupons, coupon code, promo code, or any similar term and (b) your conversion rate exceeds 25%, then you will be entitled to a lower commission than our standard rate to offset the reduced profitability of orders, which rate is currently 2%.
9. Intellectual Property Rights
You shall not register or apply for the registration of any name or domain name that contains Huion's brand (the name may include without limitation to your company name (full name or short name) and promotion channel name, etc., and domain name refers to the domain name of all your websites (including but not limited to the promotion channel)); in addition, the name and domain name of your website may not fall into the following circumstances:
1) Use any name or domain name that contains Huion or Huion's brand or may cause misunderstanding among consumers;
2) Use any name or domain name that intends to represent or imply that it has certain relationship with Huion and/or its management (e.g. shareholding/controlling relationship, joint venture/partnership, interpersonal relationship, agency, union or strategic cooperation relationship);
3) Main characteristics: e.g. adopt any domain name, name or their composition that relates to or is similar with Huion and/or its management;
4) e.g. huioncoupon.com, huionproducts.com, huiondeal.com
5) Use any name or domain name that maliciously insults Huion or Huion website and/or its management;
6) Use any name or domain name that may easily give rise to disputes;
7) Use any name or domain name that may harm the rights and interests of customers, hurt the customers’ user experience, disrupt the Huion Affiliate Program's cooperation order, or cause any adverse effect to Huion or Huion's products or relevant brands, or give rise to unfair competition against Huion or infringe the legal rights and interests of Huion.
During the promotion activities, you shall not infringe upon the rights and/or interests of any third party; otherwise, you shall undertake all the responsibilities.
10. Disclaimer(s)
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL HUION BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HUION’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. HUION DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF PARTICIPATION IN THE PROGRAM. ALL PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU RECOGNIZE THAT THESE DISCLAIMERS ARE AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH HUION WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. HUION DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (TO THE EXTENT PERMITTED BY LAW), REGARDING THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF HUION WHATSOEVER.
11. Confidentiality
Any information that you are exposed to by virtue of your participation in the Program, which information is not available to the general public, shall be considered to be "Confidential Information." You may not disclose any Confidential Information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from Huion. You shall not use any Confidential Information except to the extent necessary to fulfill the purposes of this Agreement.
